S T A T E O F N E W Y O R K
________________________________________________________________________
4902
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. EDDINGTON, HYER-SPENCER, CARROZZA, CHRISTENSEN,
ZEBROWSKI, GABRYSZAK -- Multi-Sponsored by -- M. of A. ABBATE, DESTI-
TO, LIFTON, MAISEL, PHEFFER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, the correction law and the state finance
law, in relation to reimbursement for dissemination of sex offender
information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 60.35 of the penal law, as amended by section 1 of
part E of chapter 56 of the laws of 2004, paragraph (b) of subdivision 1
as amended by chapter 320 of the laws of 2006 and subdivision 10 as
amended by section 2 of part Y of chapter 56 of the laws of 2008, and
subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as
amended by section 1 of part DD of chapter 56 of the laws of 2008, is
amended to read as follows:
S 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
fee, supplemental sex offender victim fee [and], crime victim
assistance fee AND SEX OFFENDER DISSEMINATION OF INFORMATION
REIMBURSEMENT FEE required in certain cases.
1. (a) Except as provided in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks, recreation and
historic preservation law, whenever proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter, there shall be levied at sentencing a mandatory
surcharge, sex offender registration fee, DNA databank fee [and], a
crime victim assistance fee AND A SEX OFFENDER DISSEMINATION OF INFORMA-
TION REIMBURSEMENT FEE in addition to any sentence required or permitted
by law, in accordance with the following schedule:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07792-01-9
A. 4902 2
(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars and a crime victim assistance fee of twenty-five
dollars;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars and a crime victim assist-
ance fee of twenty-five dollars;
(iii) a person convicted of a violation shall pay a mandatory
surcharge of ninety-five dollars and a crime victim assistance fee of
twenty-five dollars;
(iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender registra-
tion fee of fifty dollars AND PAY A SEX OFFENDER DISSEMINATION OF INFOR-
MATION REIMBURSEMENT FEE OF TWENTY-FIVE DOLLARS.
(v) a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred ninety-five of the executive law
shall, in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars.
(b) When the felony or misdemeanor conviction in subparagraphs (i),
(ii) or (iv) of paragraph (a) of this subdivision results from an
offense contained in article one hundred thirty of this chapter, incest
in the third, second or first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted shall pay a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
2. Where a person is convicted of two or more crimes or violations
committed through a single act or omission, or through an act or omis-
sion which in itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee, and where appro-
priate a supplemental sex offender victim fee, in accordance with the
provisions of this section for the crime or violation which carries the
highest classification, and no other sentence to pay a mandatory
surcharge, crime victim assistance fee or supplemental sex offender
victim fee required by this section shall be imposed. Where a person is
convicted of two or more sex offenses or sexually violent offenses, as
defined by subdivisions two and three of section one hundred sixty-
eight-a of the correction law, committed through a single act or omis-
sion, or through an act or omission which in itself constituted one of
the offenses and also was a material element of the other, the court
shall impose only one sex offender registration fee AND ONLY ONE SEX
OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE. Where a person
is convicted of two or more designated offenses, as defined by subdivi-
sion seven of section nine hundred ninety-five of the executive law,
committed through a single act or omission, or through an act or omis-
sion which in itself constituted one of the offenses and also was a
material element of the other, the court shall impose only one DNA data-
bank fee.
3. The mandatory surcharge, sex offender registration fee, DNA data-
bank fee, crime victim assistance fee, [and] supplemental sex offender
victim fee AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT
FEE provided for in subdivision one of this section shall be paid to the
clerk of the court or administrative tribunal that rendered the
A. 4902 3
conviction. Within the first ten days of the month following collection
of the mandatory surcharge, crime victim assistance fee, and supple-
mental sex offender victim fee, the collecting authority shall determine
the amount of mandatory surcharge, crime victim assistance fee, and
supplemental sex offender victim fee collected and, if it is an adminis-
trative tribunal, or a town or village justice court, it shall then pay
such money to the state comptroller who shall deposit such money in the
state treasury pursuant to section one hundred twenty-one of the state
finance law to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law. Within
the first ten days of the month following collection of the sex offender
registration fee [and], DNA databank fee, AND SEX OFFENDER DISSEMINATION
OF INFORMATION REIMBURSEMENT FEE the collecting authority shall deter-
mine the amount of the sex offender registration fee [and], DNA databank
fee collected AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSE-
MENT FEE and, if it is an administrative tribunal, or a town or village
justice court, it shall then pay such money to the state comptroller who
shall deposit such money in the state treasury pursuant to section one
hundred twenty-one of the state finance law to the credit of the general
fund. If such collecting authority is any other court of the unified
court system, it shall, within such period, pay such money attributable
to the mandatory surcharge or crime victim assistance fee to the state
commissioner of taxation and finance to the credit of the criminal
justice improvement account established by section ninety-seven-bb of
the state finance law. If such collecting authority is any other court
of the unified court system, it shall, within such period, pay such
money attributable to the sex offender registration fee [and], the DNA
databank fee AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT
FEE to the state commissioner of taxation and finance to the credit of
the general fund.
4. Any person who has paid a mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, a crime victim assistance fee [or], a
supplemental sex offender victim fee OR A SEX OFFENDER DISSEMINATION OF
INFORMATION REIMBURSEMENT FEE under the authority of this section based
upon a conviction that is subsequently reversed or who paid a mandatory
surcharge, sex offender registration fee, DNA databank fee, a crime
victim assistance fee [or], supplemental sex offender victim fee OR SEX
OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE under the
authority of this section which is ultimately determined not to be
required by this section shall be entitled to a refund of such mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE upon application to
the state comptroller. The state comptroller shall require such proof as
is necessary in order to determine whether a refund is required by law.
5. (a) When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of the facility where
the person is confined. The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from moneys to the credit of an inmates'
fund or such moneys as may be earned by a person in a work release
A. 4902 4
program pursuant to section eight hundred sixty of the correction law.
Such moneys attributable to the mandatory surcharge or crime victim
assistance fee shall be paid over to the state comptroller to the credit
of the criminal justice improvement account established by section nine-
ty-seven-bb of the state finance law and such moneys attributable to the
sex offender registration fee [or], DNA databank fee OR SEX OFFENDER
DISSEMINATION OF INFORMATION REIMBURSEMENT FEE shall be paid over to the
state comptroller to the credit of the general fund, except that any
such moneys collected which are surcharges, sex offender registration
fees, DNA databank fees, crime victim assistance fees [or], supplemental
sex offender victim fees OR SEX OFFENDER DISSEMINATION OF INFORMATION
REIMBURSEMENT FEE levied in relation to convictions obtained in a town
or village justice court shall be paid within thirty days after the
receipt thereof by the superintendent or municipal official of the
facility to the justice of the court in which the conviction was
obtained. For the purposes of collecting such mandatory surcharge, sex
offender registration fee, DNA databank fee, crime victim assistance
fee, [and], supplemental sex offender victim fee, AND SEX OFFENDER
DISSEMINATION OF INFORMATION REIMBURSEMENT FEE the state shall be legal-
ly entitled to the money to the credit of an inmates' fund or money
which is earned by an inmate in a work release program. For purposes of
this subdivision, the term "inmates' fund" shall mean moneys in the
possession of an inmate at the time of his or her admission into such
facility, funds earned by him or her as provided for in section one
hundred eighty-seven of the correction law and any other funds received
by him or her or on his or her behalf and deposited with such super-
intendent or municipal official.
(b) The incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be assessed or
collected if any order of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE remains unpaid. In
such circumstances, any monies which may lawfully be withheld from the
compensation paid to a prisoner for work performed while housed in a
general confinement facility in satisfaction of such an obligation shall
first be applied toward satisfaction of such obligation.
6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of this
article, such person shall not be required to pay a mandatory surcharge
or a crime victim assistance fee.
7. Notwithstanding the provisions of subdivision one of section 60.00
of this article, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
8. Subdivision one of section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee [or],
supplemental sex offender victim fee OR SEX OFFENDER DISSEMINATION OF
INFORMATION REIMBURSEMENT FEE is imposed a town or village court may,
and all other courts shall, issue and cause to be served upon the person
required to pay the mandatory surcharge, sex offender registration fee
or DNA databank fee, crime victim assistance fee [or], supplemental sex
offender victim fee OR SEX OFFENDER DISSEMINATION OF INFORMATION
REIMBURSEMENT FEE, a summons directing that such person appear before
the court regarding the payment of the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee [or],
A. 4902 5
supplemental sex offender victim fee OR SEX OFFENDER DISSEMINATION OF
INFORMATION REIMBURSEMENT FEE, if after sixty days from the date it was
imposed it remains unpaid. The designated date of appearance on the
summons shall be set for the first day court is in session falling after
the sixtieth day from the imposition of the mandatory surcharge, sex
offender registration fee or DNA databank fee, crime victim assistance
fee [or], supplemental sex offender victim fee OR SEX OFFENDER DISSEM-
INATION OF INFORMATION REIMBURSEMENT FEE. The summons shall contain the
information required by subdivision two of section 130.10 of the crimi-
nal procedure law except that in substitution for the requirement of
paragraph (c) of such subdivision the summons shall state that the
person served must appear at a date, time and specific location speci-
fied in the summons if after sixty days from the date of issuance the
mandatory surcharge, sex offender registration fee or DNA databank fee,
crime victim assistance fee [or], supplemental sex offender victim fee
OR SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE remains
unpaid. The court shall not issue a summons under this subdivision to a
person who is being sentenced to a term of confinement in excess of
sixty days in jail or in the department of correctional services. The
mandatory surcharges, sex offender registration fee and DNA databank
fees, crime victim assistance fees [and], supplemental sex offender
victim fees AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT
FEES for those persons shall be governed by the provisions of section
60.30 of this article.
9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, such court
shall add an additional five dollars to the surcharges imposed by such
subdivision one.
10. The provisions of this section shall apply to sentences imposed
upon a youthful offender finding; provided, however that the court shall
not impose the sex offender registration fee, DNA databank fee or
supplemental sex offender victim fee, as defined in subparagraphs (iv)
and (v) of paragraph (a) and paragraph (b) of subdivision one of this
section, for an offense in which the conviction was substituted with a
youthful offender finding.
S 2. Subdivision 5 of section 60.35 of the penal law, as amended by
section 2 of part E of chapter 56 of the laws of 2004, is amended to
read as follows:
5. When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of the facility where
the person is confined. The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from moneys to the credit of an inmates'
fund or such moneys as may be earned by a person in a work release
program pursuant to section eight hundred sixty of the correction law.
Such moneys attributable to the mandatory surcharge or crime victim
assistance fee shall be paid over to the state comptroller to the credit
of the criminal justice improvement account established by section nine-
ty-seven-bb of the state finance law and such moneys attributable to the
sex offender registration fee [or], DNA databank fee OR SEX OFFENDER
DISSEMINATION OF INFORMATION REIMBURSEMENT FEE shall be paid over to the
A. 4902 6
state comptroller to the credit of the general fund, except that any
such moneys collected which are surcharges, sex offender registration
fees, DNA databank fees, crime victim assistance fees [or], supplemental
sex offender victim fees OR SEX OFFENDER DISSEMINATION OF INFORMATION
REIMBURSEMENT FEES levied in relation to convictions obtained in a town
or village justice court shall be paid within thirty days after the
receipt thereof by the superintendent or municipal official of the
facility to the justice of the court in which the conviction was
obtained. For the purposes of collecting such mandatory surcharge, sex
offender registration fee, DNA databank fee, crime victim assistance fee
[and], supplemental sex offender victim fee, AND SEX OFFENDER DISSEM-
INATION OF INFORMATION REIMBURSEMENT FEE, the state shall be legally
entitled to the money to the credit of an inmates' fund or money which
is earned by an inmate in a work release program. For purposes of this
subdivision, the term "inmates' fund" shall mean moneys in the
possession of an inmate at the time of his or her admission into such
facility, funds earned by him or her as provided for in section one
hundred eighty-seven of the correction law and any other funds received
by him or her or on his or her behalf and deposited with such super-
intendent or municipal official.
S 3. Section 168-l of the correction law is amended by adding a new
subdivision 6-a to read as follows:
6-A. DISCLOSURE AND DISSEMINATION OF SEX OFFENDER INFORMATION BY THE
SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR OF A SCHOOL
DISTRICT. (A) A SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR
OF A SCHOOL DISTRICT WHO TAKES ACTION TO DISSEMINATE RELEVANT INFORMA-
TION, AS PROVIDED BY LAW ENFORCEMENT AGENCIES PURSUANT TO SUBDIVISION
SIX OF THIS SECTION, SHALL USE THE MOST EFFECTIVE AND EFFICIENT METHOD
OF DISSEMINATION AVAILABLE TO SUCH SCHOOL DISTRICT.
(B) A SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR OF A
SCHOOL DISTRICT WHO HAS TAKEN SUCH ACTION AS DESCRIBED IN PARAGRAPH (A)
OF THIS SUBDIVISION, MAY APPLY FOR FULL REIMBURSEMENT FROM THE CRIMINAL
JUSTICE IMPROVEMENT ACCOUNT, AS ESTABLISHED BY SECTION NINETY-SEVEN-BB
OF THE STATE FINANCE LAW, FOR ALL REASONABLY INCURRED EXPENSES. AN
ACCOUNTING OF DISSEMINATION EXPENSES SHALL BE SUBMITTED TO THE COMP-
TROLLER BY SUCH SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR
OF A SCHOOL DISTRICT IN ORDER TO QUALIFY FOR SUCH REIMBURSEMENT.
S 4. Subdivision 3 of section 97-bb of the state finance law, as added
by chapter 309 of the laws of 1996, is amended to read as follows:
3. Monies of the criminal justice improvement account, following
appropriation by the legislature and allocation by the director of the
budget shall be made available for local assistance services and
expenses of programs to provide services to crime victims and witnesses,
FOR REIMBURSEMENT TO A SCHOOL DISTRICT DISSEMINATING SEX OFFENDER INFOR-
MATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE
CORRECTION LAW, and for payments to victims in accordance with the
federal crime control act of 1984, as administered pursuant to article
twenty-two of the executive law.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided that the amendments to subdivision
5 of section 60.35 of the penal law made by section one of this act
shall be subject to the expiration and reversion of such subdivision
pursuant to section 74 of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of section two of this act shall take
effect.